Adjudication

Blue Sky ADR regularly and very successfully represents parties, both in pursuing and in defending Adjudication actions. We have extensive experience and knowledge in this complex and specialist area and we deal with the process both effectively and efficiently. See below for a brief outline of the adjudication process. If you have any queries or need further assistance, please contact us to find out what Blue Sky ADR can do for you.

What is Adjudication?

Adjudication in the UK is a statutory dispute resolution process for the construction industry where a dispute is referred to an Adjudicator for resolution.

Who can (or must) use Adjudication?

Most participants with contracts to carry out construction operations. Other than for a few exceptions, as Adjudication is a statutory right the person that you are in dispute with cannot get out of Adjudication, but neither can you if Adjudication proceedings are commenced against you.

What happens if I do not have Adjudication provisions in my contract?

If your contract does not contain Adjudication provisions then the statutory provisions called the Scheme are implied into the contract.

What is the Adjudication process?

A dispute is referred by the Referring Party to the Responding Party by way of a Notice of Adjudication. An Adjudicator is then appointed. The dispute is referred by the Referring Party to the Adjudicator and to the Responding Party by way of a Referral Notice. The Adjudicator then sets the timetable for the Adjudication. That timetable will usually allow for a Response to the Referral and will often allow for further submissions by way of a Reply, a Rejoinder, and so on.

An Adjudication meeting is sometimes held, but it is often the case that an Adjudication proceeds without a meeting at all. The Adjudicator is required to decide the dispute within 28 days (or such other longer period agreed) from the date of receipt by him of the Referral Notice.

What are the benefits of Adjudication?

The Adjudication process is relatively quick and low cost. The Decision of the Adjudicator is (temporarily) binding, there is no appeal against a valid Adjudicator’s Decision, and that Decision can be rapidly enforced through the courts (if that becomes necessary).

What does Adjudication cost and can I recover those costs?

The costs in Adjudication are normally relatively low. Normally each party pays its own costs in the process irrespective of the outcome. The Adjudicator normally has the discretion to apportion his own fees and expenses between the parties as he sees fit, often following the principle that ‘costs follow the event’. Despite this both parties are held jointly and severally liable for the Adjudicator’s fees and expenses.